extrinsic fraud rule (California) · Go Syfert
← California issues

extrinsic fraud rule in California

10 California opinions name it 2 courts 1943–2024 2 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
Campbell-Kawannanakoa v. Campbellgreen
cal · 1907 · cited in 2 California opinions naming this issue, 1943–1953
2 sentences

1953In Larrabee v. Tracy, supra, 21 Cal.2d 645 , the court said (p. 651): “In Campbell-Kawannanakoa v. Campbell, 152 Cal. 201, 210 [ 92 P. 184 ], it was said that a common case of extrinsic fraud is where a party is deprived of his opportunity to be heard ‘by some fraudulent artifice or breach of fiduciary duty on the part of the prevailing party.’ In 3 Freeman on Judgments, supra, section 1235, pages 2575-2576, the author declares that if there is a duty to speak because of a trust or confidential relation, a failure to do so is obviously a fraud for which equity may afford relief whether such fr

1953In Larrabee v. Tracy, supra, 21 Cal.2d 645 , the court said (p. 651): “In Campbell-Kawannanakoa v. Campbell, 152 Cal. 201, 210 [ 92 P. 184 ], it was said that a common case of extrinsic fraud is where a party is deprived of his opportunity to be heard ‘by some fraudulent artifice or breach of fiduciary duty on the part of the prevailing party.’ In 3 Freeman on Judgments, supra, section 1235, pages 2575-2576, the author declares that if there is a duty to speak because of a trust or confidential relation, a failure to do so is obviously a fraud for which equity may afford relief whether such fr

22
Laun v. Kippgreen
wis · 1914 · cited in 2 California opinions naming this issue, 1948–1951
2 sentences

1951As was said in Jorgensen v. Jorgensen, supra, pages 19 and 20: “The latter policy” (permitting relief) “applies when a party’s adversary, in violation of a duty arising from a trust or confidential relation, has concealed from him facts essential to the protection of his rights, even though such facts concerned issues involved in the case in which the judgment was entered. ‘The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though

1951As was said in Jorgensen v. Jorgensen, supra, pages 19 and 20: “The latter policy” (permitting relief) “applies when a party’s adversary, in violation of a duty arising from a trust or confidential relation, has concealed from him facts essential to the protection of his rights, even though such facts concerned issues involved in the case in which the judgment was entered. ‘The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though

22
Hudson v. Fostergreen
calctapp · 2021 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023McLellan v. McLellan, supra, 17 Cal.2d at p. 554 ; see Carr, supra, 11 Cal.2d at p. 374 [holding that an order settling an account “conclusively negatives the charge of mismanagement, negligence or fraud on the part of the … executor”].) Krohe fails to convince us that the extrinsic fraud exception should prevent the application of res judicata to these issues conclusively decided in adjudicating Steinhardt’s petition.4 Extrinsic fraud refers to “fraud in obtaining the order itself.” (Knox v. Dean (2012) 205 Cal.App.4th 417, 425 .) “Extrinsic fraud occurs when ‘ “ ‘the unsuccessful party has b

11
Carr v. Bank of America National Trust & Savings Ass'ngreen
cal · 1938 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023McLellan v. McLellan, supra, 17 Cal.2d at p. 554 ; see Carr, supra, 11 Cal.2d at p. 374 [holding that an order settling an account “conclusively negatives the charge of mismanagement, negligence or fraud on the part of the … executor”].) Krohe fails to convince us that the extrinsic fraud exception should prevent the application of res judicata to these issues conclusively decided in adjudicating Steinhardt’s petition.4 Extrinsic fraud refers to “fraud in obtaining the order itself.” (Knox v. Dean (2012) 205 Cal.App.4th 417, 425 .) “Extrinsic fraud occurs when ‘ “ ‘the unsuccessful party has b

11
Lazzarone v. Bank of Americagreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 2023–2023
2 sentences

2023McLellan v. McLellan, supra, 17 Cal.2d at p. 554 ; see Carr, supra, 11 Cal.2d at p. 374 [holding that an order settling an account “conclusively negatives the charge of mismanagement, negligence or fraud on the part of the … executor”].) Krohe fails to convince us that the extrinsic fraud exception should prevent the application of res judicata to these issues conclusively decided in adjudicating Steinhardt’s petition.4 Extrinsic fraud refers to “fraud in obtaining the order itself.” (Knox v. Dean (2012) 205 Cal.App.4th 417, 425 .) “Extrinsic fraud occurs when ‘ “ ‘the unsuccessful party has b

2023McLellan v. McLellan, supra, 17 Cal.2d at p. 554 ; see Carr, supra, 11 Cal.2d at p. 374 [holding that an order settling an account “conclusively negatives the charge of mismanagement, negligence or fraud on the part of the … executor”].) Krohe fails to convince us that the extrinsic fraud exception should prevent the application of res judicata to these issues conclusively decided in adjudicating Steinhardt’s petition.4 Extrinsic fraud refers to “fraud in obtaining the order itself.” (Knox v. Dean (2012) 205 Cal.App.4th 417, 425 .) “Extrinsic fraud occurs when ‘ “ ‘the unsuccessful party has b

11
Knox v. Dean IIgreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023McLellan v. McLellan, supra, 17 Cal.2d at p. 554 ; see Carr, supra, 11 Cal.2d at p. 374 [holding that an order settling an account “conclusively negatives the charge of mismanagement, negligence or fraud on the part of the … executor”].) Krohe fails to convince us that the extrinsic fraud exception should prevent the application of res judicata to these issues conclusively decided in adjudicating Steinhardt’s petition.4 Extrinsic fraud refers to “fraud in obtaining the order itself.” (Knox v. Dean (2012) 205 Cal.App.4th 417, 425 .) “Extrinsic fraud occurs when ‘ “ ‘the unsuccessful party has b

11
Westphal v. Westphalgreen
cal · 1942 · cited in 1 California opinions naming this issue, 1953–1953
2 sentences

1953In Larrabee v. Tracy, supra, 21 Cal.2d 645 , the court said (p. 651): “In Campbell-Kawannanakoa v. Campbell, 152 Cal. 201, 210 [ 92 P. 184 ], it was said that a common case of extrinsic fraud is where a party is deprived of his opportunity to be heard ‘by some fraudulent artifice or breach of fiduciary duty on the part of the prevailing party.’ In 3 Freeman on Judgments, supra, section 1235, pages 2575-2576, the author declares that if there is a duty to speak because of a trust or confidential relation, a failure to do so is obviously a fraud for which equity may afford relief whether such fr

1953In Larrabee v. Tracy, supra, 21 Cal.2d 645 , the court said (p. 651): “In Campbell-Kawannanakoa v. Campbell, 152 Cal. 201, 210 [ 92 P. 184 ], it was said that a common case of extrinsic fraud is where a party is deprived of his opportunity to be heard ‘by some fraudulent artifice or breach of fiduciary duty on the part of the prevailing party.’ In 3 Freeman on Judgments, supra, section 1235, pages 2575-2576, the author declares that if there is a duty to speak because of a trust or confidential relation, a failure to do so is obviously a fraud for which equity may afford relief whether such fr

11
Morgan v. Ashergreen
calctapp · 1920 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948Bank, 192 Cal. 651, 655, 657 [ 221 P. 368 ]; Morgan v. Asher, 49 Cal.App. 172, 182 [ 193 P. 288 ]; see Griffith v. Godey, 113 U.S. 89, 93 [ 5 S.Ct. 393 , 28 L.Ed. 934 ]).

1948Bank, 192 Cal. 651, 655, 657 [ 221 P. 368 ]; Morgan v. Asher, 49 Cal.App. 172, 182 [ 193 P. 288 ]; see Griffith v. Godey, 113 U.S. 89, 93 [ 5 S.Ct. 393 , 28 L.Ed. 934 ]).

11
Griffith v. Godeygreen
scotus · 1885 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948Bank, 192 Cal. 651, 655, 657 [ 221 P. 368 ]; Morgan v. Asher, 49 Cal.App. 172, 182 [ 193 P. 288 ]; see Griffith v. Godey, 113 U.S. 89, 93 [ 5 S.Ct. 393 , 28 L.Ed. 934 ]).

1948Bank, 192 Cal. 651, 655, 657 [ 221 P. 368 ]; Morgan v. Asher, 49 Cal.App. 172, 182 [ 193 P. 288 ]; see Griffith v. Godey, 113 U.S. 89, 93 [ 5 S.Ct. 393 , 28 L.Ed. 934 ]).

11
Clawson v. United Statesgreen
scotus · 1885 · cited in 1 California opinions naming this issue, 1948–1948
1 sentence

1948Bank, 192 Cal. 651, 655, 657 [ 221 P. 368 ]; Morgan v. Asher, 49 Cal.App. 172, 182 [ 193 P. 288 ]; see Griffith v. Godey, 113 U.S. 89, 93 [ 5 S.Ct. 393 , 28 L.Ed. 934 ]).

11
Silva v. Santosgreen
cal · 1903 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948“The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though the breach of duty occurs during a judicial proceeding and involves false testimony, and this is true whether such fraud be regarded as extrinsic or as an exception to the extrinsic fraud rule.” (3 Freeman, Judgments (5th ed.), p. 2576; see, Laun v. Kipp, 155 Wis. 347 [ 145 N.W. 183 , 5 A.L.R. 655 ].) In this state equitable relief has been granted from final judgments sett

1948“The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though the breach of duty occurs during a judicial proceeding and involves false testimony, and this is true whether such fraud be regarded as extrinsic or as an exception to the extrinsic fraud rule.” (3 Freeman, Judgments (5th ed.), p. 2576; see, Laun v. Kipp, 155 Wis. 347 [ 145 N.W. 183 , 5 A.L.R. 655 ].) In this state equitable relief has been granted from final judgments sett

11
Aldrich v. Bartongreen
cal · 1902 · cited in 1 California opinions naming this issue, 1948–1948
1 sentence

1948“The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though the breach of duty occurs during a judicial proceeding and involves false testimony, and this is true whether such fraud be regarded as extrinsic or as an exception to the extrinsic fraud rule.” (3 Freeman, Judgments (5th ed.), p. 2576; see, Laun v. Kipp, 155 Wis. 347 [ 145 N.W. 183 , 5 A.L.R. 655 ].) In this state equitable relief has been granted from final judgments sett

11
Simonton v. Los Angeles Trust & Savings Bankgreen
cal · 1923 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948Bank, 192 Cal. 651, 655, 657 [ 221 P. 368 ]; Morgan v. Asher, 49 Cal.App. 172, 182 [ 193 P. 288 ]; see Griffith v. Godey, 113 U.S. 89, 93 [ 5 S.Ct. 393 , 28 L.Ed. 934 ]).

1948Bank, 192 Cal. 651, 655, 657 [ 221 P. 368 ]; Morgan v. Asher, 49 Cal.App. 172, 182 [ 193 P. 288 ]; see Griffith v. Godey, 113 U.S. 89, 93 [ 5 S.Ct. 393 , 28 L.Ed. 934 ]).

11
Lataillade v. Oreñagreen
cal · 1891 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948“The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though the breach of duty occurs during a judicial proceeding and involves false testimony, and this is true whether such fraud be regarded as extrinsic or as an exception to the extrinsic fraud rule.” (3 Freeman, Judgments (5th ed.), p. 2576; see, Laun v. Kipp, 155 Wis. 347 [ 145 N.W. 183 , 5 A.L.R. 655 ].) In this state equitable relief has been granted from final judgments sett

1948“The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though the breach of duty occurs during a judicial proceeding and involves false testimony, and this is true whether such fraud be regarded as extrinsic or as an exception to the extrinsic fraud rule.” (3 Freeman, Judgments (5th ed.), p. 2576; see, Laun v. Kipp, 155 Wis. 347 [ 145 N.W. 183 , 5 A.L.R. 655 ].) In this state equitable relief has been granted from final judgments sett

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Heyman v. Franchise Mortgage Acceptance Corp. green
calctapp · 2003
2 sentences

2014(See Heymann v. Franchise Mortgage Acceptance Corp. (2003) 107 Cal.App.4th 921, 926 .) The question is whether the party claiming the relief was “fraudulently prevented from fully participating in the proceeding.” (Id.) This determination is within the discretion of the trial court.

2014(See Heymann v. Franchise Mortgage Acceptance Corp. (2003) 107 Cal.App.4th 921, 926 .) The question is whether the party claiming the relief was “fraudulently prevented from fully participating in the proceeding.” (Id.) This determination is within the discretion of the trial court.

22014–2014
Kuehn v. Kuehn green
calctapp · 2000
1 sentence

2024Section 2122 permits setting aside a judgment adjudicating support and property division on the ground of “[a]ctual fraud where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceedings.” (§ 2122, subd. (a).) Section 3691 permits setting aside a support order on the ground of actual fraud “[w]here the defrauded party was kept in ignorance or in some other manner, other than through the party’s own lack 10 opportunity to present her claim or defense to the court, or in some manner fraudulently prevented from fully pa

12024–2024
In Re Marriage of Varner red
calctapp · 1997
1 sentence

2024Section 2122 permits setting aside a judgment adjudicating support and property division on the ground of “[a]ctual fraud where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceedings.” (§ 2122, subd. (a).) Section 3691 permits setting aside a support order on the ground of actual fraud “[w]here the defrauded party was kept in ignorance or in some other manner, other than through the party’s own lack 10 opportunity to present her claim or defense to the court, or in some manner fraudulently prevented from fully pa

12024–2024
McLellan v. McLellan green
cal · 1941
1 sentence

2023McLellan v. McLellan, supra, 17 Cal.2d at p. 554 ; see Carr, supra, 11 Cal.2d at p. 374 [holding that an order settling an account “conclusively negatives the charge of mismanagement, negligence or fraud on the part of the … executor”].) Krohe fails to convince us that the extrinsic fraud exception should prevent the application of res judicata to these issues conclusively decided in adjudicating Steinhardt’s petition.4 Extrinsic fraud refers to “fraud in obtaining the order itself.” (Knox v. Dean (2012) 205 Cal.App.4th 417, 425 .) “Extrinsic fraud occurs when ‘ “ ‘the unsuccessful party has b

12023–2023
Tulsa Professional Collection Services, Inc. v. Pope green
scotus · 1988
1 sentence

2003DISCUSSION A. The Problem: The Petitioner Is a Judge in His or Her Own Cause This case brings into sharp focus a problem in probate estate administration that did not exist in California prior to Tulsa Collection, supra, 485 U.S. 478 .

12003–2003
Rohrbasser v. Lederer green
calctapp · 1986
2 sentences

1987(Id., at p. 724.) In the recent case of Lederer v. Rohrbasser (1986) 179 Cal.App.3d 290 [ 224 Cal.Rptr. 791 ], a divided court determined that a prior motion to vacate did not bar a party’s subsequent cross-complaint which raised the same extrinsic fraud claim where there was no “detailed presentation of the issues of fraud or mistake on his motion to vacate” and the party was not given a full opportunity to present oral evidence at the earlier hearing.

1987(Id., at p. 724.) In the recent case of Lederer v. Rohrbasser (1986) 179 Cal.App.3d 290 [ 224 Cal.Rptr. 791 ], a divided court determined that a prior motion to vacate did not bar a party’s subsequent cross-complaint which raised the same extrinsic fraud claim where there was no “detailed presentation of the issues of fraud or mistake on his motion to vacate” and the party was not given a full opportunity to present oral evidence at the earlier hearing.

11987–1987
Bacon v. Bacon green
cal · 1907
1 sentence

1953But the statement made in Bacon v. Bacon, supra, 150 Cal. 477, 489 ,- concerning the executors there, applies to the executor here: “They were also residuary legatees, and hence whatever was lacking in full payment to the plaintiff was so much gained to them.

11953–1953
Larrabee v. Tracy green
cal · 1943
1 sentence

1953In Larrabee v. Tracy, supra, 21 Cal.2d 645 , the court said (p. 651): “In Campbell-Kawannanakoa v. Campbell, 152 Cal. 201, 210 [ 92 P. 184 ], it was said that a common case of extrinsic fraud is where a party is deprived of his opportunity to be heard ‘by some fraudulent artifice or breach of fiduciary duty on the part of the prevailing party.’ In 3 Freeman on Judgments, supra, section 1235, pages 2575-2576, the author declares that if there is a duty to speak because of a trust or confidential relation, a failure to do so is obviously a fraud for which equity may afford relief whether such fr

11953–1953
Peckham v. City of Watsonville green
cal · 1902
1 sentence

1948“The failure to perform the duty to speak or make disclosures which rests upon one because of a trust or confidential relation is obviously a fraud, for which equity may relieve from a judgment thereby obtained, even though the breach of duty occurs during a judicial proceeding and involves false testimony, and this is true whether such fraud be regarded as extrinsic or as an exception to the extrinsic fraud rule.” (3 Freeman, Judgments (5th ed.), p. 2576; see, Laun v. Kipp, 155 Wis. 347 [ 145 N.W. 183 , 5 A.L.R. 655 ].) In this state equitable relief has been granted from final judgments sett

11948–1948

Where else courts name it

CA 10 (1943–2024) MI 2 (2008–2008) OK 2 (1934–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check